Philip Kariam

Philip (Phil) has a broad range of experience advising clients on complex international trade and investment law matters. His international trade experience includes advising governments on World Trade Organization (WTO) litigation, government procurement, subsidies, trade facilitation, and services and technical regulations under the WTO agreements, as well as inter-provincial trade matters under the Canadian Free Trade Agreement. He has also advised clients on a variety of international investment law matters, including investor-state dispute settlement and compliance with investment obligations under international treaties. Phil also draws from his extensive international experience, including with the World Bank, where he provided legal services on issues related to climate change, pollution, and projects with trans-boundary impacts.

Phil brings a strong technical aptitude to his practice, which he developed as a civil engineer prior to setting out on a career in law. In that capacity, he has worked in the land development, steel manufacturing, and oil industries.

Expertise

Practices

Representative Matters

Represented Ontario in the following public matters:

Tennant Energy, LLC v. Government of Canada, PCA Case No. 2018-54
Canada — Measures Governing the Sale of Wine (DS537)

Speaking Engagements

Energy Bar Association Conference, Cross Border Energy Disputes Among Canada, the United States and Mexico – Why Can’t Neighbors Get Along

May 11, 2023

News

Community Involvement

2016-2017, Managing Editor, Transnational Legal Theory Journal, Toronto, Canada
2016, Refugee Sponsorship Support Program, Legal Clinic

Directorships & Affiliations

Law Society of Ontario

Education & Admissions

2023

Called to the New York bar

2018

Called to the Ontario bar

2021

Master of Laws, International Business and Economic LawGeorgetown University, Washington DC, USA

2021

Master of International AffairsInternational Public Management, Science Po, Paris, France

2017

JDOsgoode Hall Law School

2012

Bachelor of Applied Science, Civil EngineeringUniversity of Waterloo

Publications

“International Protection of Foreign Investment (Canada Chapter),” Co-author with Robert Wisner and Neil Campbell, Juris Legal Information (February 2022)

Insights (21 Posts)View More

The United States Challenges Canada’s Digital Services Tax

On August 30, 2024, the United States challenged Canada’s Digital Services Tax under CUSMA. The dispute implicates billions of dollars in Canada-US trade.

Sep 18, 2024

Canada Expands Interim Measures and Disclosure Powers for Foreign Investment National Security Reviews

As of September 3, 2024, the Government has new powers it can use when conducting national security reviews under the Investment Canada Act

Sep 11, 2024

What Canadian Businesses Need to Know About the New Tariffs on Chinese Steel, Aluminum and Electric Vehicles (or: Why Your Next EV May Come with a Side of Surtax)

On August 26, 2024, the Government of Canada announced trade measures targeting Chinese imports such as electric vehicles and steel & aluminum.

Aug 28, 2024

Tariffs, Trade, and Economic Security: Insights on Canada’s Latest Consultation

On August 9, 2024, Global Affairs Canada initiated a 45-day public consultation process focused on safeguarding and enhancing Canada's economic security.

Aug 21, 2024

The Competition Bureau Goes Property Hunting (in Search of Anticompetitive Leases)

Analyzing the Competition Bureau's preliminary guidelines describing its approach for challenging competitor "property controls" in commercial leases

Aug 13, 2024

Changes to the Competition Act: What Merging Parties Need to Know

The Competition Act's amendments to Canada's merger review regime are significant, and merging parties should take note.

Jul 24, 2024

Bill C-59’s Expansion of the Competition Act’s Deceptive Marketing Practices: “Greenwashing” and Steering Clear of Environmental Misrepresentation

Guidance on the amendments to the deceptive marketing practices provisions in the Competition Act designed to "crack down" on "greenwashing".

Jul 8, 2024

Ready for Change? Bill C-59 Rewrites the Competition Playbook

Bill C-59 has been enacted, introducing significant changes to all aspects of Canada’s competition law regime.

Jun 21, 2024

Sanctions Enforcement Rising: Border Seizures and Forfeitures, Administrative Penalties and a New Reporting Obligation for Sanctions Evasion Offences

Changes to Canada’s sanctions regime under Bill C-59 will add reporting requirements for importers/exporters, create AMPs, and grant new CBSA seizure powers.

Jun 13, 2024

New Era of Foreign Investment Scrutiny Starts in Canada with Passage of Investment Canada Act Amendment Bill

Bill C-34 amends the Investment Canada Act to enhance the government of Canada's national security review powers.

Mar 27, 2024

Canada’s New Policies on Investments in the Interactive Digital Media Sector

On March 1, 2024, the Canadian government introduced new policies to increase scrutiny of foreign investments in Canada's Interactive Digital Media sector.

Mar 6, 2024

2024 Changes to Canada’s Thresholds for Merger Notification and Investment Canada Act Reviews

Providing updates on the 2024 merger thresholds under Canada's Competition Act and Investment Canada Act.

Feb 28, 2024

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

Dec 5, 2023

Canada & Taiwan Conclude Foreign Investment Protection Arrangement

Canada-Taiwan FIPA Latest Milestone in Canada’s Indo-Pacific Strategy.

Oct 30, 2023

McMillan LLP’s CUSMA Dispute Settlement Scoreboard

Overview and analysis of disputes under the Canada-United States-Mexico Agreement, including bi-national panel review, ISDS, and general dispute settlement

Jun 5, 2023

Procurement in Ontario: Current State-of-Play

Potential changes to procurement in Ontario include the operationalization of Supply Ontario and "Buy Ontario" legislation.

Mar 8, 2023

As NAFTA Legacy Claims Window Closes, Canadian Businesses with Investments in Mexico Maintain Important Protections under CPTPP

Time is running out for investors to launch NAFTA legacy claims, however Canadian claimants maintain important protections against Mexico under the CPTPP.

Mar 1, 2023

Let Them Roll: Dispute Settlement Panel Rules in Favour of Canada and Mexico on Automotive Rules of Origin and “Roll-Up” Method under CUSMA

Analysis of recent CUSMA panel decision on automotive rules of origin. Use of the roll-up method for core parts was in dispute between Canada, US and Mexico.

Jan 24, 2023

Canada Poised to Increase Regulation of Forced Labour in Supply Chains

Developments in Canadian regulation of forced labour in supply chains and their potential impacts on Canadian businesses

Jun 7, 2022

Canada Expands Sanctions on Russia and Proposes Broad Legislative Changes to its Sanctions Regime

An overview of two further rounds of Canadian sanctions against Russia as well as amendments that would strengthen Canada’s sanctions regime.

Jun 1, 2022

Federal Government Launches Consultations on Remedies Against Low-Priced Imports

A review of the stakeholder engagement process for proposed amendments to the Special Import Measures Act and the Canadian International Trade Tribunal Act

Sep 13, 2021

Deals & Cases (2 Posts)

McMillan Successfully Advocates for Tenaris Canada in Expiry Review of Anti-Dumping Duties

Tenaris Canada was engaged in an expiry review of anti-dumping duties before the Canada Border Services Agency and the Canadian International Trade Tribunal.

Sep 6, 2023

McMillan Successfully Advocates for Max Aicher North America Ltd. in Expiry Review of Anti-Dumping Duties

Max Aicher North America Ltd. was engaged in an expiry review of anti-dumping duties before the Canadian International Trade Tribunal.

Feb 6, 2023